[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Pages 12330-12331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4806]


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DEPARTMENT OF LABOR

Wage and Hour Division


Proposed Extension and Revision of the Approval of Information 
Collection Requirements

AGENCY: Wage and Hour Division, Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL), as part of its continuing 
effort to reduce paperwork and respondent burden, conducts a 
preclearance consultation program to provide the general public and 
Federal agencies with an opportunity to comment on proposed and/or 
continuing collections of information in accordance with the Paperwork 
Reduction Act of 1995. 44 U.S.C. 3506(c)(2)(A). This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Wage and Hour Division is soliciting comments concerning 
its proposal to extend Office of Management and Budget (OMB) approval 
of the Information Collections: Application for a Farm Labor Contractor 
or Farm Labor Contractor Employee Certificate of Registration; Motor 
Vehicle Safety for Transportation of Migrant and Seasonal Agricultural 
Workers. A copy of the proposed information collection request can be 
obtained by contacting the office listed below in the FOR FURTHER 
INFORMATION CONTACT section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before April 30, 2012.

ADDRESSES: You may submit comments, identified by Control Number 1235-
0016, by either one of the following methods:
    Email: [email protected].
    Mail, Hand Delivery, Courier: Regulatory Analysis Branch, Wage and 
Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution 
Avenue NW., Washington, DC 20210.
    Instructions: Please submit one copy of your comments by only one 
method. All submissions received must include the agency name and 
Control Number identified above for this information collection. 
Because we continue to experience delays in receiving mail in the 
Washington, DC area, commenters are strongly encouraged to transmit 
their comments electronically via email or to submit them by mail 
early. Comments, including any personal information provided, become a 
matter of public record. They will also be summarized and/or included 
in the request for Office of Management and Budget approval of the 
information collection request.

FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Director, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour Division, 
U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-
free number). Copies of this notice may be obtained in alternative 
formats (Large Print, Braille, Audio Tape or Disc), upon request, by 
calling (202) 693-0023 (not a toll-free number). TTY/TDD callers may 
dial toll-free (877) 889-5627 to obtain information or request 
materials in alternative formats.

SUPPLEMENTARY INFORMATION: 
    I. Background: The Migrant and Seasonal Agricultural Worker 
Protection Act (MSPA) provides that no person shall engage in any farm 
labor contracting activity for any money or valuable consideration paid 
or promised to be paid, unless such person has a certificate of 
registration from the Secretary of Labor specifying which farm labor 
contracting activities such person is authorized to perform. See 29 
U.S.C. 1802(7), 1811(a); 29 CFR 500.1(c), -.20(i), -.40. The MSPA also 
provides that a Farm Labor Contractor (FLC) shall not hire, employ, or 
use any individual to perform farm labor contracting activities unless 
such individual has a certificate of registration as a FLC or a 
certificate of registration as a Farm Labor Contractor Employee (FLCE) 
of the FLC that authorizes the activity for which such individual is 
hired, employed or used. 29 U.S.C. 1811(b); 29 CFR 500.1(c). Form WH-
530 is an application used to obtain a Farm Labor Contractor License. 
This information collection is currently approved for use through June 
30, 2012.
    The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) 
section 401 (29 U.S.C. 1841) requires, subject to certain exceptions, 
all Farm Labor Contractors (FLCs), Agricultural Employers (AGERs), and 
Agricultural Associations (AGASs) to ensure that any vehicle they use 
or cause to be used to transport or drive any migrant or seasonal 
agricultural worker conforms to safety and health standards prescribed 
by the Secretary of Labor under the MSPA and with other applicable 
Federal and State safety standards. These MSPA safety standards address 
the vehicle, driver, and insurance. The Wage and Hour Division (WHD) 
has created Forms WH-514, WH-514a, and WH-515, which allow FLC 
applicants to verify to the WHD that the vehicles used to transport 
migrant/seasonal agricultural workers meet the MSPA vehicle safety 
standards and that anyone who drives such workers meets the Act's 
minimum physical requirements. The WHD uses the information in deciding 
whether to authorize the FLC/FLC Employee applicant to transport/drive 
any migrant/seasonal agricultural worker(s) or to cause such 
transportation. Form WH-514 is used to verify that any vehicle used or 
caused to be used to transport any migrant/seasonal agricultural 
worker(s) meets the Department of Transportation (DOT) safety 
standards. When the adopted DOT rules do not apply, FLC applicants 
seeking authorization to transport any migrant/seasonal agricultural 
workers use Form WH-514a to verify that the vehicles meet the DOL 
safety standards and, upon the vehicle meeting the required safety 
standards, the form is completed. Form WH-515 is a doctor's

[[Page 12331]]

certificate used to document that a motor vehicle driver or operator 
meets the minimum DOT physical requirements that the DOL has adopted. 
This information collection is currently approved for use through 
September 30, 2013. Note: The Paperwork Reduction Act package for the 
WH-514, WH-514A and WH-515 formerly approved under the Information 
Collection 1235-0017 are being rolled into this information collection.
    II. Review Focus: The DOL is particularly interested in comments 
that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.
    III. Current Actions: The DOL seeks to extend the information 
collection requests for the Application for a Farm Labor Contractor or 
Farm Labor Contractor Employee Certificate of Registration; Motor 
Vehicle Safety for Transportation of Migrant and Seasonal Agricultural 
Workers and the Doctor's Certification (minimum physical requirements 
to drive a vehicle). Additionally, DOL seeks the approval of the 
revisions of the subject information collection requirements in the 
Farm Labor Contractor/Farm Labor Contractor Employee Application (WH-
530) in order to verify that FLCs, AGERs, and AGASs have complied with 
all applicable safety standards. Transportation Authorization (T/A) 
and/or Driving Authorization (D/A) on the Farm Labor Contractor/Farm 
Labor Contractor Employee License may only be obtained once vehicle 
inspection (WH-514, -514a) and the Doctor's Certification (WH-515) have 
been provided.
    Type of Review: Extension with revisions.
    Agency: Wage and Hour Division.
    Titles: Application for a Farm Labor Contractor or a Farm Labor 
Contractor Employee Certificate of Registration; Vehicle Mechanical 
Inspection Report for Transportation Subject to Department of 
Transportation Requirements; Vehicle Mechanical Inspection Report for 
Transportation Subject to Department of Labor Safety Standards; MSPA 
Doctor's Certificate.
    OMB Number: 1235-0016.
    Agency Numbers: Forms WH-514, WH-514a, WH-515, WH-530.
    Affected Public: Businesses or other for-profits, Farms.
    Respondents: 21,139.
    Total Annual Responses: 21,139.
    Estimated Total Burden Hours: 8,761.
    Estimated Time per Response: 5 minutes for the vehicle mechanical 
inspection reports (WH-514 or WH-514a) and 20 minutes for the MSPA 
Doctor's Certification (WH-515) and 30 minutes for the Farm Labor 
Contractor Application (WH-530).
    Frequency: On Occasion, but no more often than annual.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $356,251.

    Dated: February 23, 2012.
Mary Ziegler,
Director, Division of Regulations, Legislation & Interpretation.
[FR Doc. 2012-4806 Filed 2-28-12; 8:45 am]
BILLING CODE 4510-27-P